Substitute the Following for H.B. No. 2131

78R12231 MXMD

By: ZedlerH.B. No. 2131

Substitute the following for H.B. No. 2131:

By: DawsonC.S.H.B. No. 2131

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain operating room nurses employed by certain other health providers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 301, Occupations Code, is amended by adding Sections 301.1526 and 301.1527 to read as follows:

Sec. 301.1526. CERTAIN NURSES DIRECTLY ASSISTING IN SURGERY. (a) This section does not apply to a registered nurse who is a nurse first assistant under Section 301.1525.

(b) A registered nurse to whom this section applies may directly assist a physician, physician's group, podiatrist, or dentist to perform surgery if the nurse:

(1) has, before September 1, 2003, directly assisted the physician, physician's group, podiatrist, or dentist to perform surgery for 2,500 or more hours;

(2) assists under the direct personal supervision and in the physical presence of the physician, physician's group, podiatrist, or dentist in the same sterile field; and

(3) is employed by the physician, physician's group, podiatrist, or dentist or by a hospital licensed under Chapter 241, Health and Safety Code.

(1) includes:

(A) holding a retractor;

(B) grasping tissue;

(D) sponging a wound; and

(E) following a suture while the physician, physician's group, podiatrist, or dentist sews tissue; and

(2) does not include:

(A) making an incision;

(B) inserting a laparoscopic trocar;

(D) placing a suture or staple.

(d) A registered nurse, physician, physician's group, podiatrist, or dentist, or the facility at which surgery is performed under this section, may not separately bill the services of the registered nurse to the patient or to any thirdparty insurer.

(e) A registered nurse to whom this section applies may not use:

(1) the title "nurse first assistant" or "registered nurse first assistant";

(2) the abbreviation "R.N.F.A."; or

(3) any other title or abbreviation that implies to the public that the person is qualified as a nurse first assistant under Section 301.1525.

(f) This section expires January 1, 2007.

Sec. 301.1527. CERTAIN NURSES DIRECTLY ASSISTING IN SURGERY IN SMALL HOSPITALS. (a) In this section, "small hospital" means a hospital licensed under Chapter 241, Health and Safety Code, that has 100 or fewer beds.

(b) This section does not apply to a registered nurse who is a nurse first assistant under Section 301.1525.

(c) A registered nurse to whom this section applies may directly assist a physician, physician's group, podiatrist, or dentist to perform surgery at a small hospital if the nurse:

(1) has, before September 1, 2003, directly assisted the physician, physician's group, podiatrist, or dentist to perform surgery for 2,500 or more hours;

(2) assists under the direct personal supervision and in the physical presence of the physician, physician's group, podiatrist, or dentist in the same sterile field; and

(3) is employed by the physician, physician's group, podiatrist, or dentist or by the small hospital.

(d) In this section, "directly assisting in surgery":

(1) includes:

(A) holding a retractor;

(B) grasping tissue;

(D) sponging a wound; and

(E) following a suture while the physician, physician's group, podiatrist, or dentist sews tissue; and

(2) does not include:

(A) making an incision;

(B) inserting a laparoscopic trocar;

(D) placing a suture or staple.

(e) A registered nurse, physician, physician's group, podiatrist, or dentist, or the facility at which surgery is performed under this section, may not separately bill the services of the registered nurse to the patient or to any thirdparty insurer.

(f) A registered nurse to whom this section applies may not use:

(1) the title "nurse first assistant" or "registered nurse first assistant";

(2) the abbreviation "R.N.F.A."; or

(3) any other title or abbreviation that implies to the public that the person is qualified as a nurse first assistant under Section 301.1525.

SECTION 2. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2003.

(b) Section 301.1527, Occupations Code, as added by this Act, takes effect January 1, 2007.